I think they were somewhat misinformed. Most states use the SAE J2005 spec for testing. It stipulates that the reading be taken with any type of switching device disabled. In other words, they want to test you at your loudest. Now some states have made the law say that it must be disabled and some have actually said it is illegal to have it operating-with no mention of the test-duh. You will need to look up the law and see how New York wrote it-they may have screwed up and actually made it illegal to have switching exhaust.